Legal Cases on Defamation, Libel, and Freedom of Speech, Exams of Online Journalism

Download Legal Cases on Defamation, Libel, and Freedom of Speech and more Exams Online Journalism in PDF only on Docsity! JOMC 486 Online Quizzes with Verifies Solutions. 1. Virginia v. Black involved two incidents of cross burning, one by Barry Black and the other by Richard Elliott and Jonathan O'Mara. Which of the following best describes the two incidents? - Correct answer Black burned a cross at a Ku Klux Klan rally, and Elliott and O'Mara burned a cross in a neighbor's yard. 2. The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross burning unconstitutional because - Correct answer the prima facie provision eliminates the need to prove an intent to intimidate. 3. The "prima facie" provision of the Virginia law at issue in Virginian v. Black said jurors could presume - Correct answer that the cross burning was done with the intent to intimidate others. 4. The Supreme Court said in Virginia v. Black the First Amendment allows states to punish cross burning done with an intent to intimidate because such acts amount to - Correct answer A true threat. 5. The plurality opinion in Virginia v. Black defined "true threats" as statements in which the speaker - Correct answer Means to communicate a serious expression of an intent to commit an act of violence on an individual or group. 6. Justice O'Connor's opinion in Virginia v. Black said it is not necessary to show that one who utters a true threat actually intended to carry out the threat. Which of the following best explains why this is so? - Correct answer the prohibition on threats protects individuals from the fear of violence. 7. Justice O'Connor in Virginia v. Black gave examples of when cross burning may be done without an intent to intimidate. Which of the following is NOT an instance of cross burning without an intent to intimidate? - Correct answer Cross burning on a neighbor's lawn. 8. Justice Thomas dissented in Virginia v. Black. He argued that the Virginia statute was enacted to restrict the activities of the Ku Klux Klan and therefore was directed only at _______________. - Correct answer Conduct 9. Justice Scalia argued the prima facie provision in the statute at issue in Virginia v. Black was constitutional because it still allowed the defendant to - Correct answer Offer rebuttal evidence. P a g e 1 | 12 10.Justice Souter concurred in the majority's decision in Virginia v. Black in part because he believed evidence of an official intent to suppress ideas was afoot could be found in - Correct answer The prima facie provision of the statute. 11.When might it be legal for the government to exercise prior restraint over a newspaper, according to Justice William Brennan's opinion in The New York Times v. United States.? - Correct answer if the publication would inevitably, directly, and immediately lead to a grave harm. 12.A major complaint the three dissenting justices in the Pentagon Papers case advanced was that - Correct answer The Supreme Court had rushed to a conclusion. 13.Justice Byron White's concurring opinion in New York Times v. United States expressed the view that the Espionage Act of 1917 - Correct answer could be used to prosecute the Times and the Post for publishing the Pentagon Papers. 14.What was the US government seeking to do in the case of The New York Times v. United States? - Correct answer Prevent the newspapers from publishing classified documents. 15.The government's request for a prior restraint on The New York Times and The Washington Post to prevent publication of the Pentagon Papers was based on the claim the president had _____________ to seek such a restraint. - Correct answer Inherent power 16. In the New York Times v. United States case, Justices Byron White and Thurgood Marshall said they were reluctant to impose a prior restraint on a newspaper in the absence of - Correct answer a statute passed by Congress authorizing the government to seek a prior restraint. 17.The Pentagon Papers, which were at issue in the New York Times v. United States Supreme Court decision, were - Correct answer a top secret study of how the nation became embroiled in the Vietnam War. 18.When Scottie Pippen sued NBC Universal for libel, he was suing over a publication that falsely reported Pippen - Correct answer had filed for bankruptcy. P a g e 2 | 12 shows his abysmal ignorance by accepting the teachings of Marx and Lenin." Rehnquist says - Correct answer 40. In Milkovich v. Lorain Journal, the majority opinion by Chief Justice William Rehnquist held that - Correct answer 41.The allegedly libelous publication in Milkovich v. Lorain Journal was published the day after - Correct answer a state court overturned Milkovich's probation order imposed by the high school athletics association. 42.The headline on the column by Ted Deaden at issue in Milkovich v. Lorain Journal said "Maple beat the law with the 'big lie.'" Milkovich argued the implication of the column and headline was that - Correct answer He had committed perjury in his testimony in state court. 43. In his dissent in Milkovich v. Lorain Journal, Justice William Brennan says the newspaper should not be liable for defamation because the column is - Correct answer 44.Chief Justice Rehnquist's majority opinion in Milkovich v. Lorain Journal said four existing constitutional doctrines protect speech adequately without creating additional protection for opinion. Which of the following is NOT one of the doctrines Rehnquist mentioned? - Correct answer 45.The plaintiff in Milkovich v. Lorain Journal was - Correct answer a high school wrestling coach who had been accused of inciting a brawl at a meet. 46. In his lawsuit against The New York Times, L.B. Sullivan said the allegedly defamatory advertisement referred to him. What was Sullivan's reason for asserting this? - Correct answer He was the Montgomery, Alabama, commissioner who supervised the police. 47.The allegedly defamatory statements at issue in New York Times v. Sullivan mainly concerned L.B. Sullivan's - Correct answer Official conduct as Montgomery police commissioner. 48. In New York Times v. Sullivan, the plaintiff offered three bases for finding the Times published the allegedly defamatory advertisement with actual malice. Which of the following is NOT one of them? - Correct answer P a g e 5 | 12 49.The Supreme Court said in New York Times v. Sullivan that a public official who sues for libel must prove a defamatory statement was made with - Correct answer Knowledge that it was false or reckless disregard for whether it was false. 50. In New York Times v. Sullivan, plaintiff Sullivan offered three bases for finding the Times published the allegedly defamatory advertisement with actual malice. Of those three bases, the Supreme Court - Correct answer rejected all three. 51. In New York Times v. Sullivan, the Supreme Court said - Correct answer 52.After The New York Times published the "Heed Their Rising Voices" advertisement, L.B. Sullivan demanded a retraction. The Times responded by - Correct answer asking how the statements reflected on Sullivan. 53. In New York Times v. Sullivan, the Supreme Court rejected two arguments Sullivan made for letting the judgment in his favor stand. Those arguments were - Correct answer the libels appeared in an ad and the case did not involve state action. 54.Of the prosecutors to whom reporter David Wedge spoke regarding Judge Murphy (Murphy v. Boston Herald), David Crowley was the only one who witnessed the conversation where Murphy allegedly said "Tell her to get over it." Wedge interviewed Crowley - Correct answer only after the allegedly defamatory story had been published. 55. In Murphy v. Boston Herald, one issue was the notebook reporter David Wedge had used to record quotations and information. Wedge testified that he had - Correct answer discarded the notebook. 56.After reviewing the evidence in Murphy v. Boston Herald, the Massachusetts Supreme Judicial Court concluded there was [term1] evidence that the Herald had reported the story with [term2]. - Correct answer Sufficient 57.Actual malice 58.The allegedly defamatory statement at issue in Murphy v. Boston Herald is the report that Murphy said "Tell her to get over it" of a - Correct answer 14-year-old rape victim. 59.Ernest B. Murphy, the plaintiff in Murphy v. Boston Herald, was a - Correct answer Superior Court judge. P a g e 6 | 12 60.Among the witnesses to the conversation in which Judge Murphy (Murphy v. Boston Herald) allegedly said "Tell her to get over it" were two defense attorneys. Herald reporter David Wedge - Correct answer never interviewed the attorneys. 61.The major sources for David Wedge's story about Judge Murphy (Murphy v. Boston Herald) were prosecutors in the district attorney's office who - Correct answer 62.The district court granted summary judgment for Fox in the case of Levesque v. Dooly because - Correct answer no reasonable jury could find Fox journalists were aware of any falsity 63. In Levesque v. Dooly, the quotations Fox & Friends broadcast that were held to defame Levesque came from - Correct answer A news story parody by Nicholas Flagman. 64. In the case of Levesque v. Dooly, why did Levesque have to prove actual malice to make out his defamation claim? - Correct answer Levesque is a public official. 65. In Levesque v. Dooly, the federal district court found that the statements made on Fox & Friends - Correct answer were defamatory in nature because they exposed Levesque to public ridicule. 66. In Levesque v. Dooly, the federal district court concluded Fox & Friends did not broadcast its piece about with actual malice in part because - Correct answer the Fox journalists had checked some of their facts against reliable sources. 67.The Supreme Court in its Geertz v. Robert Welch decision justified treating public figures differently from private individuals because - Correct answer Private individuals lack access to the media. 68.The Supreme Court limited state libel law in Geertz v. Robert Welch Inc. by ruling that states may not impose liability without proof of [term1]. However, states do not need to require private individuals who a libel plaintiffs to prove [term2]. - Correct answer Actual malice 69.Defamation or fault? 70.The Supreme Court in Geertz v. Robert Welch said plaintiff Elmer Geertz was - Correct answer a public figure P a g e 7 | 12 92.Sam Keller sued Electronic Arts Inc. because the company used in its NCAA Football video game - Correct answer an avatar of him 93. In its defense, EA Inc. said Sam Keller's lawsuit over its football video game should be dismissed because - Correct answer the game constituted a matter of public interest. 94.The interests protected by the right of publicity, according to the federal appeals court in Sarver v. Chertier, are - Correct answer protecting an individual's proprietary interest in his act and preventing unjust enrichment through the theft of goodwill. 95.The federal appeals court said in Sarver v. Chertier that the California right of publicity law was a content-based regulation of speech and, therefore, would be subjected to - Correct answer strict scrutiny. 96.The federal appeals court said in Sarver v. Chertier that the California right-of- publicity law was a [select answer] regulation of speech. - Correct answer content-based 97.The defendants in Sarver v. Chertier invoked California's anti-SLAPP law to try to win dismissal of the lawsuit. To do that, they had to show that the subject of their publication was - Correct answer a matter of public interest. 98. In Sarver v. Chertier, the plaintiff claims he was the model for the central character in - Correct answer the movie The Hurt Locker. 99. In Vane White's lawsuit against Samsung Electronics, the 9th Circuit Court of Appeals said Samsung clearly used - Correct answer White's identity but not her likeness or name. 100. In his dissent in White v. Samsung Electronics, Judge Alarcon says no reasonable juror could - Correct answer Confuse the metal robot with Vane White. 101. The majority said the proof that the advertisement had appropriated Vane White's identity was in the - Correct answer combination of a number of small similarities. P a g e 10 | 12 102. Samsung's advertisement used which of the following that White said constituted an infringement on her right of publicity? - Correct answer a photograph of a robot in a wig and dress on the Wheel of Fortune set. 103. When the Reverend Jerry Farwell sued Hustler for libel, invasion of privacy and IIED, he was unable to prove his libel claim against Hustler because - Correct answer No one believed the statements were true. 104. The Reverend Jerry Farwell argued that the Supreme Court should uphold his damage award against Hustler because the ad parody it ran was clearly more outrageous than any political cartoon. The Supreme Court said - Correct answer "Outrageousness" has an inherent subjectiveness about it which would allow a jury to impose liability on the basis of the jurors' tastes or views. 105. The Reverend Jerry Farwell was unable to win on his appropriation (privacy) claim against Hustler Magazine because - Correct answer 106. In the Hustler v. Farwell case, the Supreme Court ruled that public officials and public figures, like Farwell, - Correct answer Can recover damages for emotional distress only if they prove actual malice. 107. In reaching its decision in Hustler Magazine v. Farwell, the Supreme Court expressed the fear that if it ruled in favor of Farwell - Correct answer Political cartoonists and satirists would be vulnerable to damage awards. 108. The publication the Reverend Jerry Farwell sued Hustler Magazine over was in the form of - Correct answer a parody of an advertisement. 109. The Westbrook Baptist Church members involved in the Snyder v. Phelps case were protesting the treatment of [blank 1] under US law. - Correct answer Homosexuals 110. In its decision in Snyder v. Phelps, the Supreme Court said it was important that the Westbrook protesters were - Correct answer in a public place and complying with state laws. 111. In Snyder v. Phelps, the trial court said the Phelps’s could be held liable for IIED based on the outrageousness of their speech. The Supreme Court said outrageousness - Correct answer is too subjective and allows juries to impose their own biases on the speech. P a g e 11 | 12 112. According to the Supreme Court in the Snyder v. Phelps case, speech deals with matters of public concern when it - Correct answer relates to any matter of political, social, or other concern to the community. 113. The Supreme Court said the defendants in Snyder v. Phelps could not be held liable for inflicting emotional distress on Albert Snyder because - Correct answer their speech dealt with a matter of public concern. 114. In a dissenting opinion in the Snyder v. Phelps case, Justice Samuel Alito said Westbrook Baptist Church's practice of targeting funerals was calculated to maximize - Correct answer Media coverage. P a g e 12 | 12